1.  Introduction

These Terms and Conditions of Use (“Terms”) govern your access to and use of the website of ACS Asset Holdings LLC (“ACS,” “we,” “our,” or “us”), along with our affiliates Anchorage Solutions and Intent Reality, available at www.acsassetholdings.com (“Website”). By accessing this Website, you (“User” or “Investor”) acknowledge and agree to these Terms, as well as our Privacy Policy. If you do not agree with these Terms, you must immediately discontinue use of the Website. ACS reserves the right to modify these Terms at any time. Continued use of the Website after updates constitutes acceptance of the revised conditions.

2. Nature of the Service

ACS Asset Holdings LLC (“ACS”) operates as a private real estate investment firm, offering an informational platform for accredited investors, as defined under Rule 501 of Regulation D under the Securities Act of 1933, as amended.

The Website is strictly informational and does not facilitate or execute investment transactions. By using this Website, you acknowledge and agree that:

• The Website does not constitute an offer, solicitation, or recommendation to buy or sell securities.
• ACS is not a broker-dealer, investment advisor, or financial institution and does not provide financial, legal, or tax advice.
• No client, fiduciary, or advisory relationship is established through your use of this Website.
• Investment opportunities referenced are exclusively for accredited investors, as defined under Rule 501 of Regulation D under the Securities Act of 1933, as amended, and subject to compliance with applicable regulations.
• ACS may modify, update, or discontinue any Website content at its sole discretion, without prior notice.

The User is solely responsible for conducting independent due diligence before making any investment decisions.

3. Registration and Eligibility

ACS Asset Holdings LLC (“ACS”) operates under Regulation D, Rule 506(c) of the Securities Act of 1933, restricting investment opportunities to individuals and entities that meet the criteria of accredited investors. By engaging with ACS, Users acknowledge and confirm their eligibility under applicable laws and agree to provide accurate information for compliance purposes.

To receive information about investment opportunities, Users may be required to register an account and verify their eligibility. By registering, you acknowledge and agree to the following:

3.1 Accredited Investor Requirement

Investment opportunities referenced on the Website are strictly limited to accredited investors, as defined under Rule 501 of Regulation D under the Securities Act of 1933, as amended. To qualify as an accredited investor, you must meet at least one of the following criteria:

       Individuals:

• Have an annual income exceeding $200,000 (or $300,000 jointly with a spouse) in each of the last two years, with a reasonable expectation of maintaining the same income level in the current year.
• Have a net worth exceeding $1 million, excluding the primary residence.

       Entities:

• A trust, corporation, partnership, or other legal entity with assets exceeding $5 million, not formed specifically for investment in a particular opportunity.
• An entity where all equity owners individually qualify as accredited investors.

Users are solely responsible for determining whether they meet accredited investor requirements and may be required to provide supporting documentation upon request.

3.2 Registration Process

To create an account, Users must provide:

• Full Name
• Email Address
• Phone Number
• Full Address
• Self-reported Accredited Investor Status

ACS does not request or collect supporting documents through the Website. If additional verification is required, accredited investors may be asked to provide documentation directly to authorized third-party services, such as:

• Tax returns, W-2s, or pay stubs (for income verification).
• Bank statements, investment portfolios, or net worth statements (for asset verification).
• Letters from licensed attorneys, CPAs, or registered investment advisors confirming accredited status.

ACS reserves the right to approve, deny, or revoke access to investment materials based on verification results and regulatory requirements.

3.3 Accuracy and Security of Information

Users must ensure that all information provided during registration is accurate, truthful, and up to date. Providing false or misleading information may result in:

• Immediate denial of access to investment opportunities.
• Suspension or termination of the User’s account.
• Potential legal and regulatory consequences for misrepresentation.

Users are responsible for maintaining the confidentiality of their account credentials and must notify ACS immediately if they suspect unauthorized access or account compromise.

4. Risks and Responsibilities

Investing in private real estate opportunities carries inherent financial risks and may not be suitable for all investors. ACS Asset Holdings LLC (“ACS”) does not guarantee investment performance, returns, or capital preservation. By using the Website and engaging with ACS, you acknowledge and accept the following risks and responsibilities:

4.1 General Investment Risks

• Risk of Capital Loss – Private real estate investments are speculative and may result in partial or total loss of the invested capital. Past performance does not guarantee future results.
• Illiquidity – Private real estate investments are not publicly traded and typically require long holding periods, limiting an investor’s ability to liquidate their investment before the designated exit period.
• Market and Economic Volatility – Investment values may be affected by macroeconomic factors, market fluctuations, interest rate changes, regulatory developments, and other external conditions beyond ACS’s control.
• No Guaranteed Returns – ACS makes no representations or warranties regarding potential profitability, distributions, dividends, or appreciation of any investment opportunity.
• Regulatory and Tax Considerations – Investment structures may have complex tax implications, and changes in tax laws may impact expected returns. Investors are responsible for consulting qualified tax advisors before making financial commitments.

4.2 Investor Responsibilities and Due Diligence

By using the Website and considering investment opportunities, you acknowledge and agree that:

• Accredited Investor Requirement – Investment opportunities presented by ACS are strictly limited to accredited investors, as defined under Rule 501 of Regulation D under the Securities Act of 1933, as amended.
• Independent Evaluation – Investors must conduct their own independent due diligence before making investment decisions. ACS does not provide personalized financial, legal, or tax advice.
• Risk Tolerance Assessment – Investors are solely responsible for evaluating their financial situation, risk tolerance, and investment objectives before committing capital.
• Regulatory Compliance – Investors must ensure compliance with all applicable federal, state, and international securities laws before engaging in any investment.

4.3 No Fiduciary Duty or Investment Advisory Relationship

ACS provides general investment information but does not act as a:

• Registered broker-dealer
• Investment adviser
• Financial planner
• Fiduciary

Nothing on the Website should be interpreted as financial advice, a solicitation, or a recommendation to invest. ACS does not owe any fiduciary duty to Users, and all investment decisions are made at the User’s sole discretion.

5. Limitation of Liability

The ACS Asset Holdings LLC (“ACS”) Website is provided on an “as-is” and “as-available” basis, without any express or implied warranties. ACS makes no guarantees regarding the accuracy, completeness, or availability of the information provided on the Website.

5.1 No Warranties or Guarantees

ACS expressly disclaims any and all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Website Availability & Security – ACS does not guarantee that the Website will be uninterrupted, secure, or free from cyber threats, malware, or data breaches.
• Investment Performance – ACS makes no representations or warranties regarding the profitability, distributions, dividends, or appreciation of any investment opportunity.
• Legal & Regulatory Compliance – ACS does not warrant that the Website complies with all laws applicable in all jurisdictions, and Users are responsible for ensuring that their use aligns with local regulations.

Users acknowledge that investment-related content on the ACS Website is for informational purposes only and should not be interpreted as financial, legal, or tax advice.

5.2 Investment Risks & User Responsibility

By using the ACS Website, Users acknowledge and accept that:

• Investments inherently involve risk, including the potential for loss of principal capital.
• Private real estate investments are illiquid and may not be easily transferred or sold.
• Market conditions, interest rate changes, economic downturns, and regulatory shifts can impact investment performance.
• ACS does not provide personalized investment recommendations or financial advisory services.
• Users must conduct independent due diligence before making any investment decisions.

ACS strongly encourages Users to consult with licensed financial advisors, tax professionals, and legal counsel before making any financial commitments.

5.3 Limitation of Liability

To the fullest extent permitted by law, ACS, including its affiliates, employees, officers, and agents, shall not be liable for any:

• Direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Website.
• Errors, inaccuracies, or omissions in Website content.
• Decisions made by Users based on information found on the Website, including investment choices and financial commitments.
• Losses resulting from third-party links, services, or platforms referenced on the Website.
• Cybersecurity incidents, including unauthorized access, data breaches, malware, or hacking events.

If, despite this limitation, ACS is found liable for damages under applicable law, its total liability shall be limited to the amount, if any, that the User has paid to ACS for any specific service directly related to the claim.

5.4 Regulatory Compliance & No Fiduciary Duty

ACS is not a broker-dealer, investment advisor, fiduciary, or financial institution, and:

• Does not owe fiduciary duties to any User.
• Does not verify the suitability of any investment opportunity for individual investors.
• Does not assume responsibility for Users’ compliance with federal, state, or international investment laws.

6. General Provisions and Dispute Resolution

6.1 Modifications and Updates to Terms

ACS Asset Holdings LLC (“ACS”) reserves the right to modify, update, or revise these Terms and Conditions at any time, at its sole discretion. Changes to these Terms may be necessary due to evolving legal requirements, regulatory updates, business operations, or security considerations.

By continuing to use the ACS Website after any modifications, Users acknowledge and agree to be bound by the updated Terms.

6.1.1 Effective Date & Notification of Changes

• Any modifications to these Terms will take immediate effect upon posting on the Website.
• The “Effective Date” at the top of this page will be updated to reflect the latest version.
• For material changes, ACS may provide additional notifications through one or more of the following methods:
  • A banner notification on the Website.
  • Email communication to registered Users (if applicable).
  • Other electronic means deemed appropriate by ACS.

6.1.2 User Responsibility to Review Updates

Users are responsible for regularly reviewing these Terms to stay informed of any updates or modifications.

• If a User does not agree with the updated Terms, they must immediately discontinue use of the Website.
• Continued access or use after the changes take effect will constitute acceptance of the modified Terms.

6.2 Governing Law & Jurisdiction

These Terms and Conditions, and any disputes arising from them, shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to conflict of law principles.

7.2.1 Exclusive Jurisdiction

• Any non-arbitrable legal claims must be brought exclusively in the state or federal courts located in Ohio.
• By using this Website, Users irrevocably consent to the jurisdiction of these courts and waive any objections based on venue or forum non conveniens.
• Users acknowledge that investment-related transactions may be subject to additional state, federal, or international laws, and it is their responsibility to ensure compliance with such regulations.

6.3 Initial Resolution Attempt

Before initiating formal legal action, Users agree to first attempt an informal resolution of any dispute by contacting ACS.

      Informal Dispute Resolution Process

• Users must submit a written notice of the dispute, including:
  • A detailed description of the issue.
  • Relevant supporting documentation.
  • The relief sought.

ACS will respond within thirty (30) days from the date of receipt of the notice. Both parties agree to engage in good-faith negotiations to resolve the dispute amicably. If the dispute is not resolved within this period, the matter may proceed to binding arbitration as described below. All dispute-related communications should be sent to ACS at the contact details provided in Section 7 (Contact Information).

6.4 Binding Arbitration Agreement

If the dispute cannot be resolved through informal negotiation, both Users and ACS agree to resolve the matter exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

6.4.1 Arbitration Terms

• The arbitration shall be conducted in Ohio, unless both parties agree in writing to an alternative location.
• Arbitration will be conducted on an individual basis—class actions, group claims, or collective proceedings are not permitted.
• The arbitrator shall have the authority to award monetary damages, but not injunctive or equitable relief.
• Each party shall bear its own legal fees and arbitration costs, unless otherwise determined by the arbitrator.
• The arbitration ruling shall be final and binding, and the decision may be entered into any court with jurisdiction.

By agreeing to arbitration, Users waive their right to a trial by jury or participation in a class-action lawsuit against ACS.

6.5 Exceptions to Arbitration

ACS reserves the right to seek injunctive relief, equitable remedies, or legal action in court in the following cases:

• Unauthorized access, cybersecurity breaches, or misuse of ACS’s Website or proprietary information.
• Violations of ACS’s intellectual property rights, including trademark, copyright, and confidential business information.
• Fraud, misrepresentation, or illegal activities related to the Website or investment offerings.

Any such legal action shall be initiated in accordance with the governing law outlined in Section 6.2.

6.6 No Class Actions

By agreeing to these Terms, Users waive the right to:

• Participate in class action lawsuits, mass arbitrations, or group legal proceedings against ACS.
• Join claims with other Users in a collective legal action.

All disputes must be resolved on an individual basis only.

7. Contact Information

For any inquiries, concerns, or requests regarding these Terms and Conditions, or for general questions related to ACS Asset Holdings LLC, please use the contact details below:

Company Information

ACS Asset Holdings LLC
3060 Valleywood Drive, Kettering, Ohio 45429

Communication Channels

Email: [email protected]
Phone: (937) 952-5100
Website: www.acsassetholdings.com

Business Hours

Monday – Friday: 8:00 AM – 5:00 PM (EST)
Closed on weekends and U.S. federal holidays.

For matters requiring formal correspondence, ACS recommends using written communication via email or mail. If your request relates to investment eligibility, regulatory compliance, or legal concerns, please specify your inquiry clearly to facilitate a prompt and accurate response.